motion to dismiss case for abuse

[dumbdumb]

HI all

Well its been 30 days , after recieving a notice of presumption of abuse...
I decided i would fight it.. well i checked the pacer today and posted on 8-23-07 was MOTION TO DISMISS CASE FOR ABUSE. Absent a showing of special circumstances. did my lawyer submit anything?
I saw him redoing stuff on the computer but did he submit anything?

anyway...

they are claiming my disposable income is 368.00 for mo. X 60=20898. which is 19% of my unsecured debt.



however i still dont agree with this figure because IRS allows $968.00 for rent, which is not sufficiant as rents have increased dramatically in the past year. i would like to challenge them to find a house renting for that amount of money that is not next to a gang infested crackhouse.(sorry ... calming down...)

I can probably find a one bed condo for rent for that way on the other side of the city but i have two dogs and need a yard ... and the low average for renting a small house or townhouse with a yard would be $1150-1250.


So now what are my options?
Is dismissal the only option?
if that is the case i guess i will be leaving my job so i can refile in 180 days.

Should i or can i move forward with a chptr 13?
there is no way i can afford $368. i dont care what the trustee says.

[freshstart06]

be careful about quiting your job because that can be challenged. You should find out if you can convert to 13 then in 6 months convert back to 7, it this is possible I would go that route, this will at least protect you from creditors.

[HHM]

Just fight it. If rent's really are higher, then fight it.

And no, you should not quite your job. Quiting a job just to file BK is ludicrous. (unless its a crap job), but you don't want to create the uncertainty of finding future employment.

The lawyer has two options, (1) to amend your petition in other ways to account for the difference in expenses (2), file an Opposition to the Trustees motion.
In PACER, you would see either of those two items if your lawyer did anything. If those items are not showing, then your lawyer has not filed any thing yet.

But, given that the Motion to Dismiss was only JUST FILED Yesterday, I wouldn't worry. Your lawyer has 15 days to respond (or is it 20). In any event, you have some time.

[JRScott]

Your lawyer has 2 weeks to respond to the motion. Perhaps call him on monday and ask what he plans to do.

Don't quit your job.

[CATCHMEIFYOUCAN]

Unless you have a real good reason for "job loss," BE CAREFUL. I was lucky, I had 2 full time jobs. My lawyer even told me from the get go I could just quit one job and go for Ch7. However I was playing it "safe," by filing Ch13 first. My case went to the judge only because the Trustee objected to the plan of $250 a month (because of my real schedules I & J proved I had $800 disposable EVEN though the Median Test showed I had negative), he objected to my "good faith," plan and sent me to the judge. The judge said I was not forced to work 2 full time jobs - let alone one, so if I quit one job I could convert to Ch7, otherwise I'd be looking at paying $800 for the next 5 years!

Best Wishes, Catchmeifyoucan